The defendant is charged [in count __]
with manufacturing or possession of burglar's tools. The statute defining this
offense reads in pertinent part as follows:

a person is guilty of
(manufacturing / possession of) burglar's tools when (he/she) (manufactures /
has in (his/her) possession) any tool, instrument or other thing adapted,
designed or commonly used for advancing or facilitating offenses involving
unlawful entry into premises, or offenses involving forcible breaking of safes
or other containers or depositories of property, under circumstances manifesting
an intent to use or knowledge that some person intends to use the same in the
commission of an offense of such character.

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Manufactured or
possessed burglar's toolsThe first element is that the
defendant (manufactured / possessed) burglar's tools. As the statute provides,
the term "burglar's tools" may include any tool, instrument or other thing
adapted, designed or commonly used for advancing or facilitating offenses
involving unlawful entry into premises, or offenses involving forcible breaking
of safes or other containers or depositories of property. It is not necessary
for you to determine that the implements are adaptable and usable solely for a
criminal purpose. Where such implements do have a legitimate use, however, it
must be established that they could have been used criminally.

<Insert appropriate definition(s):>

To "manufacture"
means to make or fabricate.

To "possess" means
to have physical possession or otherwise to exercise dominion or control over
tangible property and to have knowledge of its character. It is also sufficient
if the defendant requested, solicited or aided any other person in such
possession or jointly had possession with another who was engaged in a joint
action with the defendant. It is not, however, necessary to prove the
defendant's ownership or any degree of permanency in the possession of the
burglar's tools. <See
Possession, Instruction 2.11-1.>

Element 2 - IntentThe second element is that the
defendant (manufactured / possessed) the burglar's tools with the intent to use
them or had knowledge that some person intended to use them for the unlawful
entry into premises or the forcible breaking of safes or other containers or
depositories of property. It is not necessary for the state to show a specific
time or place in which the defendant intended to use the tools, but only the
intent that they were going to be so used. Therefore, the evidence presented is
of a circumstantial nature. You may draw reasonable and logical inferences from
any proved facts to determine whether the defendant had the requisite intent.

In summary, the state must prove
beyond a reasonable doubt that the defendant 1) (manufactured / possessed)
burglar's tools, and 2) (he/she) had the (intent to use them / knowledge that
someone else would use them) to break into another's property.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
manufacturing or possessing burglar's tools, then you shall find the defendant
guilty. On the other hand, if you unanimously find that the state has failed to
prove beyond a reasonable doubt any of the elements, you shall then find the
defendant not guilty.